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HomeMy WebLinkAboutZA2025-041 - APPROVING A MINOR USE PERMIT TO ADD A TYPE 47 ALCOHOLIC BEVERAGE CONTROL LICENSE (ON-SALE GENERAL – EATING PLACE) TO AN EXISTING EATING AND DRINKING ESTABLISHMENT LOCATED AT 2210 NEWPORT BOULEVARD, SUITE 101 (PA2025-0076)RESOLUTION NO. ZA2025-041 A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH, CALIFORNIA, APPROVING A MINOR USE PERMIT TO ADD A TYPE 47 ALCOHOLIC BEVERAGE CONTROL LICENSE (ON-SALE GENERAL – EATING PLACE) TO AN EXISTING EATING AND DRINKING ESTABLISHMENT LOCATED AT 2210 NEWPORT BOULEVARD, SUITE 101 (PA2025-0076) THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. 1. An application was filed by Chandler Clark of RW Marina and Development Management (“Applicant”), on behalf of Peninsula Village LLC, with respect to property located 2210 Newport Boulevard Suite 101, and legally described as Lot 1 of Tract Map 16594 (“Property”), requesting approval of a minor use permit (MUP). 2. The applicant proposes to allow an existing 932 square-foot with a 368 square-foot outdoor dining patio eating and drinking establishment (Restaurant) to change its Alcoholic Beverage Control (ABC) License from Type 41 (Beer and Wine – Eating Place) to Type 47 (On-Sale General – Eating Place) (“Project”). The Project does not include any physical or other operational changes to the existing Restaurant. The hours of operation will remain 7:00 a.m. to 10:00 p.m., daily. The existing conditional use permit (CUP) and coastal development permit (CDP), filed as PA2024-0074, shall remain in full force and effect. 3. The Property is designated Mixed Use Water 2 (MU-W2) by the General Plan Land Use Element and is located within the Mixed-Use Water 2 (MU-W2) Zoning District. 4. The Property is located within the coastal zone. The Coastal Land Use Plan category is Mixed Use Water Related (MU-W) and it is located within the Mixed-Use Water 2 (MU- W2) Coastal Zone District. 5. A public hearing was held on June 26, 2025, online via zoom. A notice of time, place and purpose of the hearing was given in accordance with the Newport Beach Municipal Code. Evidence, both written and oral, was presented to, and considered by, the Zoning Administrator at this hearing. SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION. 1. This project is exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15301 under Class 1 (Existing Facilities) of the CEQA Guidelines, California Code of Regulations, Title 14, Division 6, Chapter 3, because it has no potential to have a significant effect on the environment. Zoning Administrator Resolution No. ZA2025-041 Page 2 of 16 01-25-19 2. The Restaurant consists of 306 square feet of interior net public area, a 368-square-foot outdoor dining area, kitchen facilities, indoor storage and washing areas, a restroom, and a covered trash enclosure with gate. The Project involves a request for an operational change (adding full-liquor alcohol sales) and does not involve any physical expansion to the existing Restaurant. Therefore, the Project qualifies for a Class 1 exemption. SECTION 3. REQUIRED FINDINGS. In accordance with Section 20.48.030(C)(3) (Alcohol Sales-Required Findings) of the Newport Beach Municipal Code (NBMC), the findings and facts in support of the findings are set forth as follows: Finding A. The use is consistent with the purpose and intent of Section 20.48.030 (Alcohol Sales) of the Zoning Code. Facts in Support of Finding i. The crime rate in the reporting district and adjacent reporting districts as compared to other areas in the City. 1. The Restaurant is located within Reporting District (RD) 15, wherein the ABC Crime Count is 548, the highest of the RDs in the City at 389% above the City- wide ABC Crime Count average of 112 crimes reported. The adjacent RDs are RD 12 which has an ABC Crime Count that is 1% below the City-wide average, RD 16 which is 13% above, and RD 25 which is 54% above the City-wide average. Due to the high number of crimes reported in the establishment’s RD, the area is found to have an undue concentration pertaining to crime. However, RD 15 contains a large number of visitor and tourist-serving nonresidential uses. Lido Marina Village, Cannery Village, the Newport Boulevard business corridor, and McFadden Square consist of many eating and drinking establishments that serve residents and visitors to the area. The intent of the zoning designations in this beach area, as well as the three adjacent reporting districts, is to provide various commercial and retail uses to support the surrounding residential area and surrounding visitor and tourist-serving destinations. Beach areas have a higher concentration of land uses and, therefore, tend to have a higher crime rate than other areas in the City. 2. The Newport Beach Police Department (NBPD) has reviewed the proposed Project and has no objection to the proposed Type 47 (On-Sale General - Eating Place) ABC License, subject to appropriate conditions of approval, which are included in Exhibit “A” attached to this resolution. ii. The numbers of alcohol-related calls for service, crimes, or arrests in the reporting district and in adjacent reporting districts. Zoning Administrator Resolution No. ZA2025-041 Page 3 of 16 01-25-19 1. The calls for service and number of arrests are greater than all other Reporting Districts in the City. The highest volume crime in RD 15 is theft/larceny. The highest volume arrest in the area is disorderly conduct. In RD 15, 41% of all arrests are directly attributed to alcohol use: public intoxication, driving under the influence, or liquor law violations. In comparison, that figure is 18% in RD 12, 31% in RD 16, and 34 % in RD 25. Due to the high number of alcohol-related crimes, calls for service, and arrests reported in the Restaurant’s RD, the area is found to have an undue concentration pertaining to crime with a clear nexus to alcohol. However, the area is considered one of the more attractive tourist areas in the City, which results in a higher number of alcohol-related calls for service, crimes and arrests. iii. The proximity of the establishment to residential zoning districts, day care centers, hospitals, park and recreation facilities, places of worship, schools, other similar uses, and any uses that attract minors. 1. The Restaurant is located in a mixed-use zoning district which allows for residential uses when intermixed with nonresidential uses and is currently improved with a mixed-use development. The nearest recreational facilities, the beach and the Newport Pier, are located approximately 520 feet to the southwest of the Property. The 19th Street/Bay Avenue beach and Marina Park are approximately 530 feet to the southeast of the Property. The nearest church, Our Lady of Mount Carmel, is located approximately 0.5 miles to the south of the Property along West Balboa Boulevard. The nearest school, Newport Elementary, is located 0.7 miles to the south of the Property along West Balboa Boulevard. The nearest daycare center, Children’s Center by the Sea, is approximately 0.6 miles to the south along West Balboa Boulevard. The Restaurant is located on the ground level of mixed-use development and adjacent to existing commercial, retail, office, and food service uses and other similar uses on adjacent properties. 2. The hours of operation will remain 7:00 a.m. to 10:00 p.m., daily, and conditions of approval are in place to help minimize negative impacts that the Project may have to surrounding land uses, which ensures that the Restaurant is compatible with the surrounding community. iv. The proximity to other establishments selling alcoholic beverages for either off-site or on-site consumption. 3. The Restaurant is in close proximity to several establishments with alcohol licenses on the Balboa Peninsula including Woody’s Wharf, The Crab Cooker, and Stag Bar + Kitchen, among others. The RD15 statistics indicate an over concentration of alcohol licenses within this statistical area. 4. The per capita ratio of one license for every 76 residents is higher than all adjacent districts and the average Citywide ratio. This is due to the higher concentration of commercial land uses, many of them visitor-serving, and lower number of Zoning Administrator Resolution No. ZA2025-041 Page 4 of 16 01-25-19 residential properties in the RD15 area. While the Restaurant is in close proximity to other establishments selling alcoholic beverages, the physical and operational characteristics of the existing Restaurant would make the expanded alcoholic beverage sales in conjunction with its food-service operation appropriate at this location. 5. Due to the type and operation of the Restaurant, which is conditioned to close at 10 p.m., has limited net public areas, and is prohibited by conditions of approval from operating as a bar or lounge, the proximity to other establishments does not appear to create foreseeable concern. v. Whether or not the proposed minor use permit will resolve any current objectionable conditions. 1. There are no current objectionable conditions related to alcohol sales. The Restaurant serving an expanded menu of alcoholic beverages with food will provide convenience to customers. The NBPD has no objections to the change of ABC License for Restaurant given the established hours of operation, proposed Type 47 ABC License, and location of the existing Restaurant. The conditions of approval listed in the CUP and CDP filed as PA2024-0074 are and will continue to be in place to limit any objectionable conditions at the establishment. Conditions of Approval Nos. 19 and 22 of the CUP filed as PA2024-0074 limit objectionable conditions related to noise and trash from the establishment. 2. The Project has been reviewed and conditioned to help ensure that the purpose and intent of Section 20.48.030 (Alcohol Sales) of the NBMC is maintained and that a healthy environment for residents and businesses is preserved. The service of alcohol is intended for the convenience of customers dining at the Restaurant. Operational conditions of approval recommended by the NBPD relative to the sale of alcoholic beverages will ensure compatibility with the surrounding uses and minimize alcohol-related impacts. Condition of Approval No. 8 is included to ensure that all employees serving alcohol will be required to complete a certified training program in responsible methods and skills for selling alcoholic beverages, as required by the State of California. Minor Use Permit In accordance with Section 20.52.020.F (Conditional Use Permits and Minor Use Permits - Findings and Decision) of the NBMC, the findings, and facts in support of such findings for a minor use permit are set forth as follows: Finding B. The use is consistent with the General Plan and any applicable specific plan, Zoning Administrator Resolution No. ZA2025-041 Page 5 of 16 01-25-19 Facts in Support of Finding 1. The General Plan designates the site as Mixed Use Water 2 (MU-W2), which is a designation applied to waterfront properties in which marine-related uses may be intermixed with general commercial, visitor-serving commercial, and residential dwelling units on the upper floors. 2. The Restaurant remains part of a mixed-use development that allows residential, office, retail and food service uses, and therefore is consistent with this land use designation. 3. The proposed Type 47 ABC License is consistent with the MU-W2 designation as it is related to the existing commercial food service use and is intended to serve nearby residents, the surrounding community, and visitors to the City of Newport Beach. 4. The subject property is not part of a specific plan area. Finding C. The use is allowed within the applicable zoning district and complies with all other applicable provisions of this Zoning Code and the Municipal Code, Facts in Support of Finding 1. The Property is located in the MU-W2 Zoning District. MU-W2 applies to waterfront properties in which marine-related uses may be intermixed with general commercial, visitor-serving commercial and residential dwelling units on the upper floors. The Restaurant is located on the ground floor of a mixed-use development, which consists of residential units located on the floors above the office, retail uses, and two approved food service uses on the ground floor. 2. The existing Restaurant operates under the CUP and CDP filed as PA2024-0074. On October 3, 2024, the Planning Commission approved the CUP and CDP filed as PA2024-0074, to allow the existing Restaurant and sales of alcoholic beverages pursuant to a Type 41 (On-Sale Beer & Wine - Eating Place) with hours of operation from 7:00 a.m. to 10:00 p.m., daily. Both of these applications could be considered by the Zoning Administrator pursuant to Table 5-1 of Section 20.50.020 (Authority for Land Use and Zoning Decision) and Section 21.50.020 (Authority for Decisions) of the NBMC. However, the request included a 23-space parking reduction with a parking management plan, which requires a CUP pursuant to Section 20.40.110.B (Reduction of Required Off-Street Parking) and Section 21.40.110.A (Reduction of Required Off-Street Parking) of the NBMC, and is to be considered by the Planning Commission in compliance with Section 20.52.020 (Conditional Use Permits and Minor Use Permits) of the NBMC. As a result, the Planning Commission is the designated review authority for the CUP and CDP filed as PA2024-0074 pursuant to Section 20.50.030 (Multiple Permit Applications) of the NBMC. Conditions from the Zoning Administrator Resolution No. ZA2025-041 Page 6 of 16 01-25-19 existing CUP and CDP will remain with the new MUP, and the net public areas and hours of operation will remain unchanged. 3. The Restaurant is considered a Food Service use with no late hours of operation, pursuant to Table 2-9 (Allowed Uses and Permit Requirements) in Section 20.22.020 (Mixed-Use Zoning Districts Land Uses and Permit Requirements) of the NBMC, and is a permitted land use subject to the approval of a MUP within the MU-W2 Zoning District. While Section 20.48.030(C)(2)(a) (Alcohol Sales – Substantial Change) of the NBMC requires an amendment to an existing permit when there is a change in type of retail liquor license from the Department of ABC, a MUP is appropriate and consistent with the described NBMC sections to allow the change of ABC License from Type 41 to Type 47 for the existing Restaurant as no other operational or physical changes to the establishment are proposed. Finding D. The design, location, size, and operating characteristics of the use are compatible with the allowed uses in the vicinity; Facts in Support of Finding 1. The existing 932-square-foot Restaurant consists of 306 square feet of interior net public area, a 368-square-foot outdoor dining area, kitchen facilities, indoor storage and washing areas, a restroom, and a covered trash enclosure. No physical changes are proposed. 2. The hours operation of the existing Restaurant will remain restricted to the hours between 7:00 a.m. and 10:00 p.m., daily. These hours are consistent with the business hours of other uses in the area. 3. The surrounding area contains various retail and visitor serving commercial uses, including restaurants with alcohol service. Adding full-liquor alcohol service to the existing Restaurant by upgrading to a Type 47 ABC License is compatible with the existing and permitted uses within the area. 4. The operational conditions of approval included by the NBPD relative to the sale of alcoholic beverages will help ensure compatibility with the surrounding uses and minimize alcohol-related impacts. The Project has been conditioned to ensure that the business remains a restaurant and does not become a bar or tavern. Additionally, dancing or live entertainment is not permitted. 5. The existing common enclosed trash storage area on-site is adequate to accommodate the existing Restaurant, is conveniently located where materials can be deposited and collected, and does not impede the availability of on-site parking. Zoning Administrator Resolution No. ZA2025-041 Page 7 of 16 01-25-19 Finding E. The site is physically suitable in terms of design, location, shape, size, operating characteristics, and the provision of public and emergency vehicle (e.g., fire and medical) access and public services and utilities; and Facts in Support of Finding 1. The existing Restaurant provides adequate public and emergency vehicle access, public services, and utilities. 2. The site is accessible from both Newport Boulevard to the west and 22nd Street to the south. 3. The Traffic Engineer and Fire Safety Services staff have reviewed and determined that the on-site circulation and access to the mixed-use development to accommodate the Restaurant will continue to function safely and will not prevent emergency vehicle access. Finding F. Operation of the use at the location proposed would not be detrimental to the harmonious and orderly growth of the City, or endanger, jeopardize, or otherwise constitute a hazard to the public convenience, health, interest, and safety, or general welfare of persons residing or working in the neighborhood of the proposed use. Facts in Support of Finding 1. The existing Restaurant with proposed Type 47 ABC License has been reviewed and includes conditions of approval to ensure that potential conflicts with the surrounding land uses are minimized to the greatest extent possible. The limited hours reduce impacts to surrounding land uses and sufficient parking is available for the existing Restaurant. The operator is required to take reasonable steps to discourage and correct objectionable conditions that constitute a nuisance in parking areas, sidewalks and areas surrounding the subject property and adjacent properties during business hours, if directly related to the patrons of the establishment. 2. The outdoor dining patio has been conditioned to provide stanchion and rope barriers to define the alcohol service area. 3. The Food Service, eating and drinking establishment serves the surrounding community in a commercial area designed for such uses. The additional service of alcohol is provided as a public convenience and is not uncommon in establishments of this type. Additionally, the service of an expanded alcohol will provide an economic opportunity for the property owner to maintain a successful business that is compatible with the surrounding community. Zoning Administrator Resolution No. ZA2025-041 Page 8 of 16 01-25-19 4. All owners, managers, and employees selling or serving alcohol are required to complete a Responsible Beverage Service Certification Program, pursuant to Condition of Approval No. 8. SECTION 4. DECISION. NOW, THEREFORE, BE IT RESOLVED: 1. The Zoning Administrator of the City of Newport Beach hereby finds this Project is categorically exempt from the California Environmental Quality Act pursuant to Section 15301 under Class 1 (Existing Facilities) of the CEQA Guidelines, California Code of Regulations, Title 14, Division 6, Chapter 3, because it has no potential to have a significant effect on the environment. 2. The Zoning Administrator of the City of Newport Beach hereby approves Minor Use Permit No. PA2025-0076, subject to the conditions set forth in Exhibit “A,” which is attached hereto and incorporated by reference. The existing Conditional Use Permit and Coastal Development Permit filed as PA2024-0074 shall remain in full force and effect. 3. This action shall become final and effective 14 days following the date this Resolution was adopted unless within such time an appeal or call for review is filed with the Community Development Director in accordance with the provisions of Title 20 Planning and Zoning, of the Newport Beach Municipal Code. PASSED, APPROVED, AND ADOPTED THIS 26TH DAY OF JUNE, 2025. Zoning Administrator Resolution No. ZA2025-041 Page 9 of 16 01-25-19 EXHIBIT “A” CONDITIONS OF APPROVAL Planning Division 1. The applicant shall comply with all federal, state, and local laws, and all conditions of the Alcoholic Beverage License. Material violation of any of those laws or conditions in connection with the use is a violation and may be cause for revocation of the use permit. 2. This Minor Use Permit may be modified or revoked by the Zoning Administrator if it is determined that the proposed uses or conditions under which it is being operated or maintained is detrimental to the public health, welfare or materially injurious to property or improvements in the vicinity or if the property is operated or maintained so as to constitute a public nuisance. 3. This approval shall expire and become void unless exercised within 24 months from the actual date of review authority approval, except where an extension of time is approved in compliance with the provisions of Title 20 Planning and Zoning of the Newport Beach Municipal Code. 4. Fences, walls, or similar barriers shall serve to define the outdoor dining area, shall meet the minimum requirements required by the Alcoholic Beverage Control License, and shall not constitute a permanent all-weather enclosure. The barrier shall match the approved plan associated with the CUP and CDP filed as PA2024-0074, and shall be in-line with the existing outdoor dining area and shall not obstruct the adjacent public walkway. 5. A Special Events Permit is required for any event or promotional activity outside the normal operational characteristics of the approved use, as conditioned, or that would attract large crowds, involve the sale of alcoholic beverages, include any form of on-site media broadcast, or any other activities as specified in the Newport Beach Municipal Code to require such permits. 6. To the fullest extent permitted by law, the applicant shall indemnify, defend and hold harmless the City, its City Council, its boards and commissions, officials, officers, employees, and agents from and against any claims, demands, obligations, damages, actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs, and expenses (including without limitation, attorney’s fees, disbursements, and court costs) of every kind and nature whatsoever which may arise from or in any manner relate (directly or indirectly) to City’s approval of CasaDami Café including, but not limited to, Minor Conditional Use Permit (PA2025-0076). This indemnification shall include, but not be limited to, damages awarded against the City, if any, costs of suit, attorney’s fees, and other expenses incurred in connection with such claim, action, causes of action, suit, or proceeding whether incurred by the applicant, City, and/or the parties initiating or bringing such proceeding. The applicant shall indemnify the City for all the City's costs, attorneys' fees, and damages that which City incurs in enforcing the indemnification provisions Zoning Administrator Resolution No. ZA2025-041 Page 10 of 16 01-25-19 outlined in this condition. The applicant shall pay to the City upon demand any amount owed to the City under the indemnification requirements prescribed in this condition. Police Department 7. The Alcoholic Beverage Control License shall be limited to a Type 47 (On-Sale General – Eating Place). Any substantial change in the ABC license type shall require subsequent review and potential amendment of the Use Permit. 8. All owners, managers and employees selling alcoholic beverages shall undergo and successfully complete a certified training program in responsible methods and skills for selling alcoholic beverages within 60 days of hire. This training must be updated every three years regardless of certificate expiration date. The certified program must meet the standards of the certifying/licensing body designated by the State of California. The establishment shall comply with the requirements of this section within 60 days of approval. Records of each owner’s manager’s and employee’s successful completion of the required certified training program shall be maintained on the premises and shall be presented upon request by a representative of the City of Newport Beach. 9. Approval does not permit the premises to operate as a bar, tavern, cocktail lounge or nightclub as defined by the Newport Beach Municipal Code. 10. The quarterly gross sales of alcoholic beverages shall not exceed the gross sales of food during the same period. The licensee shall at all times maintain records, which reflect separately the gross sales of food and the gross sales of alcoholic beverages of the licensed business. These records shall be kept no less frequently than on a quarterly basis and shall be made available to the Police Department on demand. 11. “VIP” passes or other passes to enter the establishment, as well as door charges, cover charges, or any other form of admission charge, including minimum drink order of the sale of drinks is prohibited (excluding charges for price-fixed meals). 12. Strict adherence to maximum occupancy limits is required. 13. The applicant shall maintain a security recording system with a 30-day retention and make those recording available to police upon request. Zoning Administrator Resolution No. ZA2025-041 Page 11 of 16 01-25-19 CONDITIONS FROM PREVIOUS APPROVALS FOR REFERENCE Conditional Use Permit and Coastal Development Permit Filed as (PA2024-0074) 1. The development shall be in substantial conformance with the approved site plan, floor plans, and building elevations stamped and dated with the date of this approval (except as modified by applicable conditions of approval). 2. The project is subject to all applicable City ordinances, policies, and standards unless specifically waived or modified by the conditions of approval. 3. The interior “net public area” of the café/wine bar shall not exceed 306 square feet. 4. The outdoor dining area shall not exceed 368 square feet. 5. The height of the boundary wall of the outdoor dining area shall be shown on the approved plans. Fences, walls, or similar barriers shall serve only to define the outdoor dining area and not constitute a permanent all-weather enclosure. 6. The existing marina shall be limited to a total of 19 boat slips and a slipway with public- accessible docks for dinghies. The boat slips shall be used as follow: 7. The boat slips may be leased to the general public including commercial tenants of the Property, made available to the on-site residents of which may not be subleased, and made available to the public free of charge per the applicant's discretion. This condition shall supersede Condition of Approval Nos. 16.a, 16.b and 16.c of Planning Commission Resolution Nos. 2047 and 2048. 8. The slipway located at the center of marina shall be available to the public free of charge at all times. 9. No boat slips shall be used for overnight, permanent residence. 10. Signage shall indicate the allowed use of the slips. The number, size and location of the signage shall be approved by the Community Development Director. 11. All proposed signs for the Restaurant shall be in conformance with the approved Comprehensive Sign Program for the project site and provisions of Chapter 20.42 (Signs) of the Newport Beach Municipal Code. 12. Conditional Use Permit and Coastal Development Permit shall expire unless exercised within 24 months from the date of approval as specified in Sections 20.54.060 and 21.54.060 of the Newport Beach Municipal Code unless an extension is otherwise granted. 13. This Conditional Use Permit and Coastal Development Permit may be modified or revoked by the Planning Commission should they determine that the proposed uses or conditions under which it is being operated or maintained are detrimental to the public Zoning Administrator Resolution No. ZA2025-041 Page 12 of 16 01-25-19 health, welfare, or materially injurious to property or improvements in the vicinity or if the property is operated or maintained to constitute a public nuisance. 14. Any change in operational characteristics, expansion in the area, or other modification to the approved plans, shall require an amendment to this Conditional Use Permit and Coastal Development Permit or the processing of a new Conditional Use Permit and Coastal Development Permit. 15. A copy of the Resolution, including conditions of approval Exhibit “A” shall be incorporated into the Building Division and field sets of plans before issuance of the building permits. 16. Before the issuance of a building permit, the applicant shall submit to the Planning Division an additional copy of the approved architectural plans for inclusion in the Conditional Use Permit and Coastal Development Permit file. The plans shall be identical to those approved by all City departments for building permit issuance. The approved copy shall include architectural sheets only and shall be reduced in size to 11 inches by 17 inches. The plans shall accurately depict the elements approved by this Conditional Use Permit and Coastal Development Permit and shall highlight the approved elements such that they are readily discernible from other elements of the plans. 17. Prior to the issuance of building permits, the applicant shall pay any unpaid administrative costs associated with the processing of this application to the Planning Division. 18. Prior to the issuance of building permits, Fair Share Traffic Fees shall be paid for the change from general commercial to food service (restaurant) use in accordance with Chapter 15.38 of the Newport Beach Municipal Code. The applicant shall be credited for the reduction in general commercial square footage and the remaining balance shall be charged or credited to the applicant. 19. All noise generated by the proposed use shall comply with the provisions of Chapter 10.26 and other applicable noise control requirements of the Newport Beach Municipal Code. 20. Should the property be sold or otherwise come under different ownership, any future owners or assignees shall be notified of the conditions of this approval by either the current business owner, property owner or leasing agent. 21. Construction activities shall comply with Section 10.28.040 of the Newport Beach Municipal Code, which restricts hours of noise-generating construction activities that produce noise to between the hours of 7:00 a.m. and 6:30 p.m., Monday through Friday. Noise-generating construction activities are not allowed on Saturdays, Sundays, or federal holidays. Zoning Administrator Resolution No. ZA2025-041 Page 13 of 16 01-25-19 22. All trash shall be stored within the building or within dumpsters stored in the trash enclosure (three walls and a self-latching gate) or otherwise screened from view of neighboring properties, except when placed for pick-up by refuse collection agencies. The trash enclosure shall have a decorative solid roof for aesthetic and screening purposes. 23. Trash receptacles for patrons shall be conveniently located both inside and outside of the establishment, however, not located on or within any public property or right-of-way. 24. The applicant shall ensure that the trash dumpsters and/or receptacles are maintained to control odors. This may include the provision of either fully self-contained dumpsters or periodic steam cleaning of the dumpsters if deemed necessary by the Planning Division. Cleaning and maintenance of trash dumpsters shall be done in compliance with the provisions of Title 14, including all future amendments (including Water Quality related requirements). 25. Deliveries and refuse collection for the facility shall be prohibited between the hours of 10 p.m. and 7a.m. on weekdays and Saturdays and between the hours of 10p.m. and 9a.m. on Sundays and federal holidays unless otherwise approved by the Director of Community Development and may require an amendment to this Use Permit. 26. Storage outside of the building in the front or at the rear of the property shall be prohibited, except for the required trash container enclosure. 27. To the fullest extent permitted by law, the applicant shall indemnify, defend and hold harmless the City, its City Council, its boards and commissions, officials, officers, employees, and agents from and against any claims, demands, obligations, damages, actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs, and expenses (including without limitation, attorney’s fees, disbursements, and court costs) of every kind and nature whatsoever which may arise from or in any manner relate (directly or indirectly) to City’s approval of Cade Café/Wine Bar including, but not limited to, Conditional Use Permit and Coastal Development Permit (PA2024-0074). This indemnification shall include, but not be limited to, damages awarded against the City, if any, costs of suit, attorney’s fees, and other expenses incurred in connection with such claim, action, causes of action, suit, or proceeding whether incurred by the applicant, City, and/or the parties initiating or bringing such proceeding. The applicant shall indemnify the City for all the City's costs, attorneys' fees, and damages that which City incurs in enforcing the indemnification provisions outlined in this condition. The applicant shall pay to the City upon demand any amount owed to the City under the indemnification requirements prescribed in this condition. Zoning Administrator Resolution No. ZA2025-041 Page 14 of 16 01-25-19 Fire Department 29. Prior to issuance of Certificate of Occupancy, the applicant shall obtain a fire department operational permit for CO2 beverage dispensing. 30. Fire sprinkler plans shall be submitted and reviewed by Fire Department. 31. Fixed suppression system for cooking operations shall be submitted and reviewed by Fire Department. Police Department 32. The applicant shall comply with all federal, state, and local laws, and all conditions of the Type “41” (On-Sale Beer and Wine Alcoholic Beverage License). A material violation of any of those laws or conditions in connection with the use is a violation and may be caused the revocation of this Use Permit. 33. The hours of operation for the Restaurant including outdoor dining patio shall be limited between 7:00 a.m. and 10:00 p.m., seven days a week. 34. Food service shall be made available until closing. 35. There shall be no reduced priced alcoholic beverages promotions after 9p.m. 36. No games or contests requiring or involving the consumption of alcoholic beverages shall be allowed. 37. There shall be no exterior advertising or signs of any kind or type, including advertising directed to the exterior from within, promoting or indicating the availability of alcoholic beverages. Interior displays of alcoholic beverages or signs which are clearly visible to the exterior shall constitute a violation of this condition. 38. The operator of the facility shall be responsible for the control of noise generated by the subject facility including, but not limited to, noise generated by patrons, food service operations, and mechanical equipment. All noise generated by the proposed use shall comply with the provisions of NBMC Chapter 10.26 (Community Noise Control) and other applicable noise control requirements of the NBMC. Pre-recorded music may be played in the tenant space, provided exterior noise levels outlined below are not exceeded. The noise generated by the proposed use shall comply with the provisions of NBMC Chapter 10.26. 39. All owners, managers and employees must abide by all laws and conditions of the Alcoholic Beverage License. 40. No outdoor sound system, loudspeakers, or paging system shall be permitted in conjunction with this establishment. Zoning Administrator Resolution No. ZA2025-041 Page 15 of 16 01-25-19 41. The exterior of the business shall be always maintained free of litter and graffiti. The owner or operator shall provide for daily removal of trash, litter debris, and graffiti from the premises and on all abutting sidewalks within 20 feet of the premises. 42. There shall be no live entertainment or dancing allowed on the premises. 43. All doors and windows of the facility shall remain closed after 10:00 p.m. except for the ingress and egress of patrons and employees. 44. No alcoholic beverages shall be consumed on any property adjacent to the licensed premises under the control of the licensee. 45. Petitioner shall not share any profits or pay any percentage or commission to a promoter, or any other person based upon monies collected as a door charge, cover charge, or any other form of admission charge, including minimum drink orders or the sale of drinks. 46. Any event or activity staged by an outside promoter or entity, where the applicant, operator, owner or his employees or representatives share in any profits or pay any percentage or commission to a promoter or any other person based upon money collected as a door charge, cover charge or any other form of admission charge is prohibited. 47. A Special Events Permit is required for any event or promotional activity outside the normal operating characteristics of the approved use, as conditioned, or that would attract large crowds, involve the sale of alcoholic beverages, include any form of on-site media broadcast, or any other activities as specified in the Newport Beach Municipal Code to require such permits. 48. All owners, managers and employees selling alcoholic beverages shall undergo and successfully complete a certified training program in responsible methods and skills for selling alcoholic beverages within 60 days of hire. This training program must be updated every three years regardless of certificate expiration date. The certified program must meet the standards of the certifying/licensing body designated by the State of California. The establishment shall comply with the requirements of this section within 60 days. Records of each owner’s, manager’s and employee’s successful completion of the required certified training program shall be maintained on the premises and shall be presented upon request by a representative of the City of Newport Beach. Building Division 49. The applicant shall be required to obtain all applicable permits from the City’s Building Division and Fire Department. The construction plans must comply with the most recent, City-adopted version of the California Building Code. The construction plans must meet all applicable State Disabilities Access requirements. Approval from the Orange County Health Department shall be required before the issuance of a building permit. Zoning Administrator Resolution No. ZA2025-041 Page 16 of 16 01-25-19 Public Works Department 50. The requirements and recommendations of the Parking Management Plan prepared by RK Engineering (dated September 5, 2024) shall be implemented. 51. Loading, unloading and deliveries for the entire development shall occur on site at all times. Loading, unloading and deliveries within the public right-of-way shall be prohibited. 52. In the event issues/problems arise with the approved Parking Management Plan (i.e., parking queue within the public right-of-way), the applicant shall modify the Parking Management Plan to the satisfaction of the City Traffic Engineer and the Community Development Director. Implementation of the Parking Management Plan shall occur immediately upon approval and direction of the City. 53. The valet operation shall be implemented per the Parking Management Plan when the parking structure occupancy reaches 90%.